HR Musings & New Ideas

As of summer 2013 tribunal claimants will have to pay a fee of up to £1,200 for making a claim at a tribunal. It is suggested that these upfront fees will discourage workers from making weak or vexatious claims however will it really have any impact in reality?

With the Government suggesting that at least a quarter of claimants will not have to pay a fee due to low incomes and some claims requiring a lower fee of £390, it seems likely that unconvincing and fictitious claims may still find their way to Tribunal. 

For the last two years we had the pleasure of working with a great, reliable and professional employee always capable of delivering and bringing a great attitude to the job. He was on the fast-track to progression.

This employee was hired after finishing his Masters and on a post study work visa and was all set to apply for a Tier 2 sponsored visa to continue working in the organisation and the UK. However, this was not to be and due to changes made by the UK Border Agency on the 14^th of June 2012 these plans were to quickly and drastically change. 

In June, the Border Agency increased the minimum skill level for a Tier 2 visa from NQF 4 to NQF 6+. Our employee would have been NQF 4 meaning that if he had applied on the 13^th of June 2012 his visa would mostly likely have been approved however as he applied at the end of June it was immediately rejected. The employee left his role and the UK immediately.  

The Government has announced their commitment to cutting net migration from outside of the European Union to “tens of thousands” by 2015. What will this mean for companies and the Economy as a whole?

According to the economy, Britain’s reputation has already worsened, with the world’s best and brightest talents having plenty of options to choose where to study / work outside of Britain.

Whilst, as an organisation the red-tape and complicated nature of applying for sponsorship licences could easily put employer’s off and it is very sad to lose an excellent employee down to bureaucracy.

At this point I still need to be convinced of the benefits of these drastic migration cuts.

To coin Elton John, these days sometimes sorry really does seem to be the hardest word.

More than ever before, when discussing areas of performance improvement or poor conduct with employees I’m finding myself struck by a barrage of excuses – it’s impossible, I didn’t do it, why are you making a fuss, I don’t understand the problem….  

Now coaching and training can be used to rectify most performance problems and we can work with employees to help them understand why certain types of conduct will just not be acceptable. 

Nevertheless, whilst it seems ever so tempting to justify your mistakes and come up with excuses; in business it really doesn’t create the best impression.  

Saying sorry and owning up can be tough but if you’re caught out and in the wrong it is much nobler to hold your hands up and say “I won’t do it again”.

While it might take some effort to swallow your pride at the time, it will do your career good in the long run as you establish yourself as more responsible, professional and trustworthy team member.

In summary, sorry might be the hardest word but sometimes you just have to admit you’re wrong so you and your employer can move forwards. 

Sheryl Sanberg (Facebook COO) once stated that there is no such thing as a Work Life Balance “There’s work, and there’s life and there’s no balance”. The pressure to always go the extra mile at work is compelling enough generally but where does this leave staff with families and particularly mothers with young children?

Sheryl Sanberg has spoken at length about the challenges of being a successful woman and having a family, going so far as to explain how she has even had to express breast milk whilst on a conference call in the office.

A recent CIPD report detailed that more than a third of mothers have considered quitting work because of childcare costs and work pressures; this is a real and present issue but what does it mean for the organisations they work for?

I can honestly say that some of my organisation’s rising stars are mothers with young children and their departure would be a major loss for the business. So what can be done to help encourage some kind of work-life balance?

Firstly corporations need to support staff to work their hours rather than encouraging a culture of presentism. Sheryl Sanberg recently came ‘out of the closet’ admitting to leaving at 5.30pm every day, the press went wild over the story however the sad truth is that Sanberg felt she had to hide the fact that she left at 5.30pm in order to spend time with her family for many years before revealing the truth. Organisations can do much more to encourage staff to feel good about their work – life balance and not stigmatise those that don’t work a sixty hour week.

Secondly, organisations can do more to be flexible and understanding of employees with families – putting much more emphasis on family friendly policies such as working from home, flexed hours and part-time working.

As organisations if we want to keep our rising stars we need to ensure that the concept of a work life balance doesn’t remain a myth.   

Recently my organisation was asked to take on a work experience student - a teenager! The instant reaction from most of the staff was….”really…do we have to, there’s nothing in it for me?” To be honest I wasn’t sure how to counter this argument - except to stress the opportunity to give something back to the community and help a young person get some work experience.

Yes, with David Cameron describing youth unemployment as “unacceptably high” I could comprehend the vast benefits for the work experience student – a learning opportunity and CV enhancement to name but a few. However, what could the benefits to the employer possibly be? How could I justify our employees giving up billable hours to help out a youngster, taking the time to make it as interesting, valuable and worthwhile as possible?

However after researching work experience best practice I realised that there are many benefits to the employer of offering work experience and they shouldn’t be underestimated.

The main benefits we experience centred on enhanced staff motivation and employer branding.

We found a general increase in the motivation of our workforce. The staff involved in facilitating the work experience got a real buzz out of helping out, doing something different with their day and challenging themselves to come up with fun activities honing their interpersonal skills. They seemed to almost have a renewed enthusiasm for their role and the organisation through the experience. 

Additionally, it seemed to raise motivation across the organisation generally painting a picture of the organisation as one willing to give something back to the Community.

In summary, whilst running a work experience program requires an enormous amount of hard-work, commitment and time sacrifice it can be both rewarding and fun for all those involved. In short, work experience is a worthwhile experience for all!

It’s estimated that by 2020 over half of the UK workforce will be 50 years old or older; this combined with the abolishment of the DRA has thrust the fate of older workers firmly into the limelight.

The CIPD has stipulated that to maintain competitive advantage employers will need to consider strategies to maximise the potential of older workers, offering equal training and development opportunities for all regardless of age – yet to what extent businesses are truly committed to this cause remains to be seen

British organisations have been criticised for failing to provide older workers with opportunities comparable to their younger staff. In order to have a functioning and competitive workforce it is vital that employers are encouraged through education to fully commit to up-skilling and developing staff of all ages. 

Some companies are already embracing the skills and knowledge of older workers i.e. B&Q openly advocate the experience older workers can bring to a role. Whilst a recent survey conducted by good old Ronald McDonald found that customers were 20% more satisfied where staff were over 60 years or older. However one does have to wonder how many people over 60years would be delighted to be flipping burgers in McDs at the end of their careers?  

What are the options for those not lucky enough to work for an age friendly organisation?  

A recent BBC Panorama episode certainly couldn’t be described as uplifting - the episode stipulated that those who lose or leave their jobs over fifty and don’t find gainful employment within three months will NEVER find work again!

What can be done to prevent this depressing statistic? Definitely more is the answer

As a society we will need to put an increased focus on educating and reskilling those looking for work as well as altering employer views to make sure that older workers receive the future careers opportunities they deserve.

Atkins…Cabbage Soup…Acai Berry…Raw-Food…diets, diets, diets. The list is endless and overwhelming, likely to send me running to the carbs and chocolate for solace!

Recently while researching leadership models, I felt this very same sensation. So many models to choose from: the various leadership styles (autocratic; bureaucratic; democratic; laissez-faire), quality v functional approaches, transactional v transformational the list continues on and on.

So many principles, so many books all claiming that their models will solve the mystery that is guaranteeing effective leadership.  The elusive model which - if implemented correctly - will solve all your leadership woes.

Yet, instead of feeling empowered to head straight for my MD’s office with the promise of a ‘solution’ and bursting with an abundance of new ideas I felt more bemused and puzzled than ever before.

Not to be beaten I decided to focus on what other organisations were doing right and wrong. My conclusion is surprisingly simple, don’t focus on the best model or the next revolutionary theory rather find an approach which resonates with you, your leaders and your organisation.

Although this is generally easier said than done, it is paramount to success. You need to establish precisely what your business wants and needs from its leaders at that time and place.

Take Adobe, the IT giant has recently put together a ‘Leadership Code’ defining – for all to see - what leadership means to them. Your leadership needs must be fully understood in order for a complementary diet of leadership to be designed. Also fundamental will be evaluating and changing the model of leadership as the organisation adapts, ages and puts on weight.

Whatever diet of Leadership your organisation embraces it needs to suit you, be realistic; taken in small steps and committed to…that’s the only way a diet is ever gonna stick!

Between 2009 and 2010 figures published by the Tribunal Service have shown a 56% increase in claims - taking the annual figure to 236,100.

The CBI has called the UK employment tribunals system “broken” with a “have-a-go mentality” fueling a surge in dubious claims proving costly and time-consuming for employers.  

With a “compensation culture spiraling out of control…” even if an employer does manage to fend off a vexatious claim, the costs of management time needed to prepare and defend the case, in addition to day-to-day business disruption, could be perceived as too big a burden to bare.

The BCC has estimated it costs employers an average of £8,500 to defend a Tribunal claim in comparison to an average settlement fee of £5,400. With this in mind a growing number of businesses are embracing a policy of settling all claims, regardless of merit, in an attempt to contain costs and avoid the risk of possible inconsistencies in tribunal decision-making.  

Not only is this proving costly for employers but it also does a disservice to the Tribunal System undermining its purpose and overriding objective.

In no way should these points undermine the right for wronged employees with legitimate and genuine cases to be heard; however most would accept that there needs to be a filter to prevent the system being exploited by cases with little substance. 

The question is will proposed Government reforms redress this balance and create faith in the Tribunal System to protect both employees and employers alike?

A string of reforms are currently under consultation including: a stronger role for ACAS in pre-claim conciliation; doubling the qualifying period to two years for unfair dismissal claims; and financial penalties, such as the introduction of an application fee to lodge a claim. 

The aim of the proposed reforms is to encourage earlier resolution of disputes; ensure that the Tribunal process is ‘swift, user-friendly and effective’; and enable employers to feel more confident that their cases will be fairly represented and heard.  However, should these proposals be introduced, only time will tell if they will go far enough to redress the balance or whether they will simply cause more disruption, uncertainty and an extra burden in time, costs and tribunal resources?